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(영문) 서울북부지방법원 2019.07.24 2019고단2130
소방기본법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2019, no one shall interfere with fire brigade's fire extinguishment, lifesaving, first aid, and other fire-fighting activities performed by a fire brigade dispatched to the scene without any justifiable reason, the defendant started from the front side of the Seoul Northern-gu Seoul Northern-gu, and used the 119 first-aid vehicle to the D Hospital located in Seongbuk-gu, Seoul, at the request of the head of the 119 first-aid vehicle, to check the state of the defendant's body, the fire assistant F (36 years old) belonging to the Seoul Gangseo-gu E119 Safety Center dispatched to the site upon the request of the head of the 119 first-aid vehicle, "gred by snow going to the D hospital located in Seongbuk-gu, Seongbuk-gu, Seoul."

As a result, the Defendant interfered with emergency medical services by using violence to fire fighters dispatched, and at the same time, inflicted injury on the above F such as salt, tension, etc. of the bones of wood that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect by the special judicial police officer against the accused;

1. The police statement concerning F;

1. Reporting the occurrence of a case interfering with fire-fighting activities of the 119 metropolitan investigation team, first-aid operation manual, emergency medical services log, closure photographs, investigation reports (the analysis of video of first-aid service workers wabgs);

1. CCTVs, wabb campaigns, video CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 50 (1) and (c) and Article 16 (2) of the Framework Act on Fire Services (a point of injury resulting from interference with emergency medical services);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. It seems that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is sufficient to have a record of violent crimes against the defendant, but in view of the fact that the fire officer who properly provides emergency relief services to him/her has obstructed the performance of his/her duties and inflicted injury upon him/her by using violence, and the degree of the exercise of such violence is considerably significant, it is necessary

Provided, That the defendant shall be sentenced to imprisonment without prison labor or more.

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